Tennessee Insurance Litigation Blog

Tennessee Insurance Litigation Blog

Legal insights on insurance litigation in the State of Tennessee

The Policyholder’s Perspective from
Brandon McWherter
of Gilbert Russell McWherter Scott Bobbitt PLC
J. Brandon McWherter is a partner at Gilbert Russell McWherter Scott Bobbitt PLC, which has four Tennessee offices in Memphis, Jackson, Nashville, and Chattanooga. Read More
The Insurance Company’s Perspective from
Parks T. Chastain
of Brewer, Krause, Brooks & Chastain, PLLC
Parks T. Chastain, a member in the Nashville, Tennessee law firm of Brewer, Krause, Brooks, Chastain & Burrow, PLLC, focuses on the representation of insurers. Read More

Category Archives: Application Misrepresentations

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Misrepresentation as to prior foreclosure voids policy, even if innocently made

Posted in Agent Involvement, Application Misrepresentations, Claim Tips
In the case of Conley v Tennessee Farmers, the Court of Appeals held that a misrepresentation as to prior foreclosure on an application is sufficient to void coverage as such misrepresentations increased the risk of loss as a matter of law. The Court of Appeals held: An applicant’s history of past foreclosures can assist the… Continue Reading

MISREPRESENTATION AT INCEPTION OF POLICY IS EFFECTIVE TO VOID COVERAGE EVEN AFTER RENEWALS

Posted in Application Misrepresentations, Coverage Issues
I draw your attention to the June 25 Tennessee Court of Appeals decision in the case of Dutton v. Tennessee Farmers Mutual Insurance Company which addressed the question of whether misrepresentations made on an initial policy application which unquestionably increased the risk of loss would still operate to void that coverage when multiple renewals of… Continue Reading

What Misrepresentations Increase the Risk of Loss?

Posted in Application Misrepresentations, Coverage Issues
The Court of Appeals recently provided further insight on what type of misrepresentations increase the risk of loss. In the case of Freeze v. Tennessee Farmers Mutual Insurance Company, filed March 28, 2017 (Freeze v. TFMIC), the Eastern Section Court of Appeals upheld the grant of summary judgment to Tennessee Farmers in a case which… Continue Reading

SUIT AGAINST US CLAUSE APPLIES TO ALL CLAIMS INCLUDING FAILURE TO PROCURE

Posted in Agent Involvement, Application Misrepresentations, Coverage Issues, Litigation Tactics
The Court of Appeals recently issued its opinion in Maples v. Tennessee Farmers Mutual Insurance Co., E2015-00285-COA-R3-CV (Tenn. Ct. App. 2015). The Maples case dealt with fire damage to the Maples’ home in Crossville, Tennessee, insured with Tennessee Farmers Mutual Insurance Company.  Coverage was denied on August 26, 2013.  Suit was filed on August 6, 2014,… Continue Reading

Morrison v. Allen, Part II

Posted in Application Misrepresentations
Yesterday I wrote about the February 2011 landmark decision of the Tennessee Supreme Court in Morrison v. Allen.  There was one relatively minor point concerning an alleged misrepresentation in an application that grabbed my attention.  In Morrison, the insurance company denied Ms. Morrison’s claim for life insurance benefits based on alleged misrepresentations of her husband… Continue Reading

Misrepresentation on Application Concerning Ownership of Property Voids Policy

Posted in Application Misrepresentations
On April 30, 2009, the Tennessee Court of Appeals issued yet another opinion on the topic of misrepresentations on insurance applications.  The case is Tennessee Farmers Mut. Ins. Co. v. Farrar (view slip opinion here).  First, it should be noted that T.C.A. 56-7-103 provides that a misrepresentation on an application voids the policy if (1)… Continue Reading